Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Permanent residents of the United States (holders of green cards) can be deported for certain misdemeanors convictions. These include:
These offenses make non-citizens deportable. This includes lawful permanent residents.
All non-citizens are deportable for certain criminal convictions under U.S. immigration law. This includes a conviction for any of the following offenses:
Some of these offenses can be misdemeanors.
A misdemeanor is a type of crime. It is more severe than an infraction. On the other hand, it is less severe than a felony.
In most states, the jail sentence separates felonies and misdemeanors. Felonies can come with over a year behind bars. The jail sentence for misdemeanors has to be less than a year.
California is one of these states. Aggravated misdemeanors are the most severe types of misdemeanor. A conviction carries up to 364 days in jail.2
A crime involving moral turpitude, or CIMT, is a type of criminal offense. Convictions can make a permanent resident deportable. These offenses all include acts of:
They usually require a specific intent to commit the crime. Generally, crimes of moral turpitude cannot happen because of a:
A crime of moral turpitude can be deportable. The conviction has to:
Multiple CIMT convictions make a permanent resident deportable. These offenses can happen at any point after entry to the U.S.5
Nearly all drug crime convictions are deportable offenses. This includes misdemeanor convictions for:
A conspiracy to commit a drug crime is a deportable offense. Even an attempt to commit any of these controlled substance offenses is deportable.
There is only one exception to deportable drug crimes. Possession of less than 30 grams of marijuana does not have immigration consequences. The drugs have to be for personal use. Only the first offense is exempt. A second conviction is a deportable offense.6
Drug addiction can make a permanent resident deportable, as well.7 Evidence of drug addiction can show up during a drug charge.
Permanent residents are deportable for most firearms offenses. Some of these are misdemeanors. Most firearm violations are deportable. This includes the act of illegally:
This includes attempted offenses or a conspiracy to commit a crime.8
Domestic violence crimes can make a permanent resident deportable. This is true even if the offense is a misdemeanor.
The law uses a federal definition of domestic violence. It involves the use, threatened use, or attempted use of physical force against:
This includes violence against the property of anyone covered by the law.
It also includes the offenses of:
People with permanent residence can also be deported for a misdemeanor offense where the victim is a child. This includes:
Yes. Failing to register as a sex offender is a deportable crime.12 Many of these offenses are misdemeanors under California criminal law.13
Permanent residents are non-citizens who hold “green cards.”
Most people become green card holders by being sponsored by their:
While permanent residents do not have the full rights of a U.S. citizen, their immigration status allows them to legally live and work in the U.S. However, they usually have to renew their green card every 10 years. They can also naturalize and become U.S. citizens.
Permanent residents, however, can be deported. One way they can be deported is if they commit a deportable crime. Many of these are misdemeanors.
If you are facing criminal charges for violating federal or state law in California, contact our criminal defense and immigration lawyers for free legal advice. We handle all types of cases involving inadmissibility, deportability, removal proceedings, changing status, and naturalization. We appear in front of immigration judges throughout the state and fight to keep our clients out of jail and on U.S. soil.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.